crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes committed by totalitarian regimes States must provide victims with “adequate, effective and prompt” reparation proportional to the gravity of the violation and harm sustained by them. 57 Reparations cover restitution, compensation, rehabilitation, satisfaction, and guarantees for non-repetition. Restitution is the primary mode of reparation and is designed to restore the victim to the position they were in prior to the violation. It includes restoring liberty, identity, family life and citizenship, enjoyment of other human rights, restoration of property and employment. Where restitution is not possible or adequate, victims are entitled to compensation where such loss is economically assessable. This head of reparations includes physical or mental harm; lost opportunities such as employment and education; material loss like loss of earnings; moral damage; and costs for legal, medical, psychological and social services. 58 Similarly, rehabilitation aims to restore the dignity and reputation of victims and includes provision of medical and psychological care, and social services. 59 The remaining two remedies – satisfaction and guarantees of non-repetition – encompass redress not only for the individual victims but are structured to facilitate societal efforts to remember, resist revisionism and prevent future gross violations of human rights norms or serious violations of humanitarian law. For the victims, satisfaction includes the cessation of ongoing violations; public disclosure and verification of the facts of the violations in a way that does not threaten the safety and interests of victims or witnesses; the disclosure of the circumstances of those that have disappeared or were abducted and their location and return; and official declaration restoring the reputation, dignity and rights of the victims. 60 When there victims have been killed, their remains must be recovered, identified and returned to the families of the victims. For the society at large and the process of reconciliation, satisfaction should include judicial sanctions against the perpetrators; inclusion of an accurate account of past violations in the public domain, especially in educational materials; and commemorations to victims and memorial days. 61 The guarantee of non-repetition has the ability to have the most far-reaching impact in efforts towards the reestablishment of the rule of law and reconciliation within post-authoritarian and postconflict societies. This remedy can include review and reforming of laws which contributed to the violations; removal or barring from public office of perpetrations of violations; ensuring that civilian proceedings comply with international human rights law including standards of due process, fairness and impartiality; strengthening the judiciary; effective civilian control of the military, security and police forces and educating them in human rights and humanitarian standards; ensuring that all public servants adhere to codes of ethics; protecting legal, medical and health-care professionals, journalists, and human rights defenders; promoting and implementing mechanisms for preventing, monitoring and resolving social conflicts; and institutional reforms and measures necessary to “ensure respect for the rule of law, foster and sustain a culture of respect for human rights, and restore or establish public trust in government institutions”. 62 4. Concluding remarks The European experience of restoring rule of law and reconciling peoples within societies following authoritarian regimes and armed conflict has a lengthy history and continues to the present day. However, the lessons learned in Europe and other regions throughout the world highlight that the task is a holistic and integrated one incorporating the accountability of perpetrators through prosecutions and vetting; access to justice and reparations for victims; and truth-finding and institutional reform for the whole society. However, the UN Secretary-General has noted that whilst the experiences of other states and 57 2005 Basic Principles and Guidelines on Reparations, UN Doc.A/Res/60/147, para. 15. 58 Ibid., para. 20. 59 Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms, Final Report, 2 July 1993, UN Doc.E/CN.4./Sub.2/1993/8, p. 57. 60 2005 Set of Principles to Combat Impunity, UN Doc.E/CN.4/2005/102/Add. 1, Principle 34. 61 2005 Basic Principles and Guidelines on Reparations, UN Doc.A/Res/60/147, para. 22. See generally K. R. Esnor, M. Trũno I Salvadó, International Experience of Days of Remembrance and Reflection. Healing Through Remembering, Belfast 2006, available at (accessed 4 April 2008). 62 2005 Set of Principles to Combat Impunity, UN Doc.E/CN.4/2005/102/Add.1, Principles 35 to 38; 2005 Basic Principles and Guidelines on Reparations, UN Doc.A/Res/60/147, para. 23. 272
Crimes committed by totalitarian regimes communities are an important guide, they should only be used as a springboard for local deliberations and solutions. 63 Realistically, given the distribution of competences within the European Union and the experiences of other societies and international organisations going through similar processes, the role of European Commission in these processes is twofold. The primary responsibility for initiating and sustaining any process of reconciliation must lie with the Member States, with the Commission acting as a facilitator. 64 When undertaking this role, the Commission should continue the work commenced during the accession process, in its promotion and monitoring of adherence to human rights standards and the rule of law. Taken together, the standards developed at the international level over the last decade of intensive local experiences of rebuilding societies after conflict and authoritarian regimes, seek to reveal the truth about past human rights violations, halt and reverse their lingering legacies and hopefully, diminish the likelihood of their recurrence in the future. 63 2004 Rule of Law Report, UN Doc.S/2004/616, Summary. 64 Ibid. 273
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CRIMES COMMITTED BY TOTALITARIAN RE
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TABLE OF CONTENTS PREFACE Lovro Št
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IV. REMEMBRANCE, RECOGNITION AND PU
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